[ bop ] you can do that all you want, i don't like v8 juice. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8. >> bret: timely tonight, we are getting ready for president obama's second inauguration, a big speech, a lot ofy moment and at times like this it's looking back at history. president obama took his ad-mile-an-hour ration for one former president to new heights. >> people have been asking me a lot about the film lincoln, and, you know,. >> is this your lincoln moment. >> well, no, look. a, i never compare myself to lincoln and b. [ laughter ] >> it's tough. it's just tough. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid.

>> shepard: this is the fox report. tonight, the massacre at the movie theater. today court. chilling testimony. what brought officers on the stand to tears. plus, warring in washington. as the president named his picks for two key positions. nominees on the front line of our national security. >> these two leaders have dedicated their lives to protecting our country. >> shepard: former senator chuck hagel for secretary of defense and counter terrorism advisor john brennan for the head of the cia. confirmation hearings loom on capitol hill. tonight, the tough questions ahead on the war in afghanistan. terrorism, iran, and u.s. support for israel. plus, the chairman of google lands in north korea on a controversial trip with former new mexico governor bill richardson. >> we're here as individual

american citizens. >> bill: so. >> shepard: so what's the internet titan doing in the world's least connected nation? and the suspect in last summer's colorado movie theater killing spree back in court. tonight, our first look at the prosecution's case against james holmes. and that's first from fox this monday night. it was a painfully difficult day in the courtroom where aurora, colorado police officers testified the victims were crying out for help. blood all over the place. the movie still playing overhead. cell phones ringing. chaos all around the families of the massacre victims hearing emotional testimony from those who rushed to save their loved ones lives. taking some to hospitals in their patrol cars with as they put it blood sloshing on the floor board. investigators say james holmes killed 12 people and wounded 58 more when he opened fire at the midnight premier of the dark night rises. today was the beginning of a

preliminary hearing to determine whether that case should go to trial. until now, prosecutors have kept many of the gruesome details of the shooting very much under wraps. details such as this from an officer who cried as he told the court how he checked for a a pulse on the youngest of the victims a 6-year-old girl but found nothing. outside the courthouse the father of a woman who spent months in the hospital recovering from her wounds told reporters about what it was like to come face-to-face with that man. >> took a glimpse at him. i don't feel hate or anger for him. i just don't feel anything toward him. i really don't. it's hard to explain. it really is part of me want to rip his head off and part of me i less for him, i really do. >> james holmes faces 160 counts, including murder and attempted murder. charges, which if convicted could land him on death row. alicia acuna is outside the courthouse in centennial,

colorado tonight. this could go on all week i'm told. >> that's right, shep. preliminary hearings in this case normally go less than an hour. we have been told to expect all week. aurora police detective matt incorporately took the stand describing what he called the heart breaking mood in which he had to interview survivors bussed to a nearby high school. the detectives said they were crying, covered in blood, some missing shoes. it was terrible he said. detective set witnesses told him the shooter moved up and down the aisle with purpose, calm and firing in rapid succession. upon his arrest, officers described james holmes as relaxed and very calm. shep? >> shepard: and if there was any question about whether this was premeditated we are learning that james holmes bought his movie ticket almost two weeks before the shooting. >> that's right. according to witness testimony, james holmes purchased his movie ticket on july 8th. that's 12 days before the shooting. and today in court, also, surveillance video from inside the century 16th movie complex

shown shows holmes entering the theater. using his phone as a ticket. he walks to the concession stands but buys nothing. then you see him walk into the theater. the last surveillance clip shown shows people running out of the theater. additionally, two people from the coroner's office each testifying today that they each did six autopsies. each said on the stand that the manner of death for each victim was homicide. after that defense attorney daniel king asked one of the medical examiners to explain that the word homicide is a clinical way to categorize death. he then asked the medical examiner if people can be found not guilty by reason of insanity? and if if he was aware of that? alicia acuna outside the courthouse in colorado. on the heels of and this a the newtown massacre. there is word that white house is looking at more than background checks in assault gun violence. some republicans are already ruling out what they call extreme ideas.

the details are coming up inside fox report. first from washington tonight, president obama makes his picks to fill two top spots on national security team. as you might imagine he is already facing a fight on capitol hill. of the president nominating the former republican senator senator chuck hagel from nebraska. he earned two purple hearts. still has pieces of shrapnel in his chest. he would be the first vietnam veteran and the first enlisted soldier to serve as secretary of defense. >> as a young private and then a sergeant, he served with honor alongside his own brother. when chuck was hit by shrapnel, his brother saved him. when his brother was injured by a mine, chuck risked his life to pull him to safety. >> shepard: some of senator hagel's fellow republicans say they can't support him because of his record on israel and iran. and some democrats say they are concerned about a comment that senator hagel made more than a decade ago about a gay nominee to the u.s.

ambassador. more on that in a moment. the president also choosing his top counter terrorism advisor john brennan to be cia director. calling him a legendary work aalcoholic even during presidential vacations. >> in the summer, it's august. he is in full suit and tie. [ laughter ] and one of the reporters asked him don't you ever get any down time? john said i don't do down time. [ laughter ] breneman dropped out of the running same job four years ago because of his bush interrogation enhanced terror suspect. brennan was a strong opponent of waterboarding that critics and the government now call torture. let's start with senator hagel if we could. wendell, how strong is this republican opposition? >> shep, really no republicans jumping to hagel's defense right now. many were frustrated with him because he turned against the war in and iraq in and refused to it endorse john mccain in

2008. he stressed independence from the jewish lobby. critics biggest concern is whether he is tough enough on iran. >> secretary panetta, the current secretary of defense said there is a red line there over which we will not allow iran to cross. the president had different times has said the same thing. chuck hagel has said previously that he doesn't believe that we ought to keep all options on the table when it comes to an iranian nuclear threat. >> the white house says hagel has been strongly supportive of israel's security. they say his views are insync with the president. as you alluded hagel apologized for calling a u.s. dip openly aggressively gay 14 years ago. shepard? >> shepard: much less opposition to john brennan's nomination, correct? >> there do seem to be fewer concerns but that doesn't mean less concerns. 25 years at the cia before becoming the president's counter terrorism advisor. he was considered for the cia post in 2008 but withdrew his

name because he didn't want the confirmation hearings to focus on the bush administration's use of waterboarding. and enhanced interrogation techniques. mr. obama says he and brennan are in sync on that, too. >> he understands we are a nation of laws. in moments of debate and decision, he he asks the tough questions and he ingists on high and rigorous standards. time and again, he has spoken to the american people about our counter terrorism policies because he recognizes we have a responsibility to be open and transparent as possible. >> now arizona senator john mccain says he still has questions about what role brennan played in enhanced interrogation and why he seemed to publicly support it. lindsey graham says he may place a hold on brennan's nomination unless the administration answers more questions about the attack on the u.s. consulate in benghazi that left ambassador chris stevens and three others dead. shepard? >> shepard: wendell goler on the lawn at the white house

tonight. hillary clinton went back to work today. staffers say she has been talking nonstop to senator john kerry. he is the president's choice to replace her. she is also joking about the health problems that kept her off the job for weeks. we're live at the state department on that coming up. but first an oil tanker today slammed into the bay bridge in california five years after another ship hit the same bridge and spilled tens of thousands of gallons of oil. this one thankfully not as bad. we will get an update next. plus some of america's biggest banks and mortgage companies agreeing to pay billions of dollars to settle charges they wrongly kicked people out of their homes. but the critics say those homeowners may deserve even more money. do you deserve any and if so how do you get it? some answers from journalists of fox news on this monday fox report. we can work with a new collection of carpet that proves durable can be softer than ever. we can get for less and spread that softness

even further. turns out, we can do even more than we thought we could. because this is the year of doing. more saving. more doing. that's the power of the home depot. roll out the new year with free whole home basic carpet installation on three rooms or more. shh! [ coughs ] shh! [ breathes deeply, wind blows ] this feels cool.

[ male announcer ] halls. let the cool in.

>> shepard: big scare at the

noon hour in san francisco when tanker hits the bay bridge. tonight we are learning or california time it does not appear to be leaking any oil. officials say it happened late this morning under clear skies as the 75-foot ship was headed out to see. bridge stayed open to traffic. estimated a 3,000 gallons of fuel leaked into the bay when the cosco container hit a bay bridge support tower that spill contaminated the shoreline. ten of the major banks and mortgage companies agreed to a multibillion-dollar settlement over claims they wrongfully foreclosed on millions of homeowners during the mortgage crisis. some of the homeowners may benefit here. in 2011 the feds had ordered the banks to review each and every loan after they mishandled paperwork and skipped required steps in the foreclosure process. millions of americans say the banks should have let them stay in their homes. instead of going through each

case, the companies will now just pay the feds 8. a billion dollars. the group includes jp morgan chase, bank of america, wells fargo, citigroup and others. 400,000 people may be entitled to payments now but consumer advocates say the whole thing is just another get out of jail free card for those huge banks. gerri willis is with us now. how many. >> hunk of change. 3.3 billion that will come out in the amounts of 100s of dollars to $125,000 at the end of the day. another 5.2 billion for redoing some other loans. but the main thing you are talking about. $3.3 billion. >> shepard: i mentioned this some see this as a get out of jail free card for the banks. >> you bet. banks last year had almost $10 trillion in assets. some people say it's unfair. they are only paying 3.3 billion out on this.

at the end of the day the office of the comp control irand they are the regulators who put this deal together. they say our new course of action will get more money to more people more quickly and speed recovery in the nation's housing markets. >> shepard: these banks are worth trillions. for them it might be a decent dial. a separate deal with bank of america and fannie mae today, right? >> bank of america has been in a wig fight with the feds over old loans that were done by country wide financial. they are settling for $11.6 billion instead of repurchasing the loans. >> shepard: 11.6 million. b of a is out billions and billions and billions and doing just fine. >> that's right. they continue. they have set aside money for this stuff ahead of time. >> shepard: i'm sure they have. gerri willis thanks so much. >> thank you. >> shepard: the supreme court reports it's decided to hear two same sex marriage cases in late march. first up california's proposition 8. voters approve that ban on gay marriage in 2008. but a federal court struck it down. legal experts say the supreme court's ruling could lead to some legalizing of same sex marriage across the country. and it could also just apply

to california. one or the other or it could leave the decisions up to the state. we will see what the court does. the f.a.a. day after hearing that case, the justices say they will take up a challenge to the defense of marriage act. really the defense of marriage law now which defines marriage as that as a union between a man and a woman. it bans federal benefits for gay couples even if they tie the knot in one of the nine states or washington where same sex marriage is now legal. one of our nation's most respected diplomats today in north korea for talks with the nuclear nation's leaders. so why did the former new mexico governor bill richardson bring the chairman of google along for the ride? and why did the government say don't go? a live report next. plus, a little more than an hour to go until the biggest college football game of all the year. maybe of the decade. it's notre dame and alabama. plus, the r.g. 3 trophy. the rookie star injured again.

lots of questions after the red skins coach kept him in yesterday's playoff game. should mike shanahan risk griffin's career or did he? that's all ahead. hen you're try, when you're trying to sleep. i'm constantly licking my lips. water would address the symptoms for just a few minutes. the hygienist recommended biotene. it's clean and refreshing, i feel like i have plenty of fluid in my mouth. i brush with the biotene toothpaste and i use the mouthwash every morning. it's changed my life. it is the last thing i do before i walk out the door. biotene gives me that fresh confident feeling. aww man. [ male announcer ] returns are easy with free pickup from the u.s. postal service. we'll even drop off boxes if you need them. visit usps.com pay, print, and have it picked up for free.

any time of year. ♪ nice sweater. thank you. ♪ thank you. avoid bad.fats. don't go over 2000... 1200 calories a day. carbs are bad. carbs are good. the story keeps changing. so i'm not listening... to anyone but myself. i know better nutrition when i see it: great grains. great grains cereal starts whole and stays whole. see the seam? more processed flakes look nothing like naturalrains. you can't argue with nutrition you can see. great grains. search great grains and see for yourself. for multi grain flakes tt are anxcellent source of fiber try great grains banana nut crunch and cranberry almond crunch.

>> shepard: the head of one of the world's largest internet companies landed in one of the world's most secretive nations. not everybody in the white house is happy about the trip. the google chairman eric schmidt today arrived in north korea along with the former new mexico governor bill richard sorch. he has been there a half a dozen times. after landing in pyongyang the diplomat laid out the reason for his return. >> why are here as u.s. citizens looking at the humanitarian situation.

we are interested in economic and political situation. >> shepard: from google eric schmidt had no statement for reporters. the state department calls it ill advised particularly the timing. here is why. you will recall last month the north koreans launched a rocket into space of the regime said it was to put a satellite into orbit. the experts say it was likely cover for a long range missile test. trace gallagher live in our west coast newsroom with this. the google chairman looked at north korea's possible new market. >> yeah. it's possible, shep. google isn't commenting on the trip at all like eric schmidt, they say it's a private. eric schmidt said he would love to bring internet technology to the entire world. it's worth noting that google already has offices in china, in russia, in south korea. those are three countries that surround north korea. but north korea has a very strict penalty for anyone caught using the worldwide web. instead, the country offers their own train net which many

experts have called propaganda tool. cell phone and computer use in north korea is growing. experts say google might be laying some groundwork. listen. from their why the not try it pry the door open just a little that would be an extraordinary achievement which would be a positive thing potentially for people but also be positive for google. >> google chief eric schmidt by the way reportedly will also give the north korean people a donation of some sort. shep. >> shepard: there is another matter here too, trace. governor richardson hoping to free an american who isliked up in north korea. >> yeah, the american's name is kenneth bay. he runs a travel agency that brings both tourists and potential investors into north korea. but now the country accuses him of hostile acts against north korea. and he could be facing as much as 10 years in a prison labor

camp. now governor richardson has freed americans from north korea before. and he believes he is the man to do it again. listen. >> i have been to north korea several times. negotiated with them in the past. with success. and my hope is that we get an assessment of north korea under the new leadership there. >> but governor richardson also acknowledges that he is not in control of this trip. the entire itinerary was set up by north korea. shep? >> shepard: trace gallagher live in los angeles. you hockey fans can rejoice after months of bickering and losing nearly half a season. the national hockey league and its players have reached a tentative agreement to end the lockout. both sides yesterday announced a deal to save what's left of the season. all of the teams and players still have to officially sign off on a contract. it looks like they will drop the pucks 12 days from today. now something people actually care about. we are 45 minutes away from

one of the most anticipated college bowl games in a very long time. it features two of the most storied programs in our nation. number one ranked notre dame and number two, alabama for the bcs national championship game in south florida. the 12-1 crimson tide actually favored in a big way to beat the undefeated fighting irish. it's warm in south florida so the tailgaters showed up early. this is the scene a full five hours before kickoff. it's alabama's third trip to the big game in the last four seasons. notre dame's first shot at the title since 1988. roll tide. red skins nation holding collective breath. the rookie phenom rg 3. robert griffin iii to visit famous dr. james andrews tomorrow after inconclusive mri on his knee. it was ugly looking during the fourth quarter when hg 3 tried to feel the bad snap the knee buckled the wrong way. he reinjured it earlier in the

game stayed under center. he tweeted about it earlier today when adversity strikes you. respond in one of two ways. you step aside and give in or you step in and fight. of course, the coach can make you step aside and credited particulars are going after that coach. washington mike shanahan who says he let griffin decide whether to keep playing. and take a look at this. [shouting] a big scare at a train station after the up escalator suddenly becomes a down escalator. that and the big news of the day as we approach the bottom of the hour and the top of the news as fox reports live tonight. ff collections from maxwell house now available for use in the keurig k-cup brewer. always good to the last drop.

ya. alright, anher one just like that. right in the old bucket. good toss! see that's much better! that was good. you had your shoulder pointed, you kept your eyes on your target. let's do it again -- watch me. just like that one... male announcer ] the durability of the volkswagenassat. pass down something he will be grateful for. that's the power of german engineering. ♪ back to you.

>> shepard: screams and panic on a crowded escalator when all of the sudden it turned around and went the other way. one guy caught ton his cell phone. >> stop. >> stop. >> the up can a later started going down at the train station in jersey just outside manhattan. you can see people in vain run up. five people got hurt. mostly bumps and bruises. dramatic rescue video now after a woman yesterday fell through the ice on a river in toledo. the toledo blaze newspaper reports the hotel guest spotted the woman half submerged in the icy water. coast guard tried to get to her.

they risked further breaking the ice. crews called in rescuers in whoever boats who help pull her to safety. she went to the hospital with severe hypothermia. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. secretary of state hillary clinton is back at work now. less than a week after getting out of the hospital. she is in the pink jacket at the head of the table there, duh. they expect her to make a full recovery from a blood clot to her head. they found it during a checkup after her recent concussion. staffers tell us secretary clinton is getting right to work and still plans to testify on capitol hill about that attack on the u.s. outpost in benghazi. james rosen on the top story at the bottom of the hour live from the department of state. hey, james. >> shep, good evening. secretary of state clinton was good sport when her staff welcomed her back here to the state department with a standing ovation and a bit of good natured ribbing. in a morning meeting with 7 a members of the secretary of

defense. concussion prone secretary was told washington is a contact sport. given a football helmet and jersey bearing 112. that's the number of countries she has visited as secretary. aides say they loved it and thought it was cool. being secretary clinton she wanted to get right to business. used this session every one of the recommendations for enhanced security put forth by the accountability review board, the internal panel that investigated benghazi should be partially implemented by the time she sleeves office later this month. in that same time frame, house and senate lawmakers will finally get their chance to question her about benghazi. she is prepared to do it in open session if that's what they would like. obviously we are still talking to them. >> clinton left new york presbyterian columbian hospital in manhattan on january 2nd. aides say she has been talking virtually nonstop with her likely successor senator john kerry, that she was never so inexas stated that one of her

deputies had to take over. indeed the department's lawyers were never consulted about the protocols for doing so. all indications are, however, that hillary clinton, america's most traveled secretary of state in the country's history is effectively finished with overseas travel in that official capacity. shep? >> shepard: james rosen live at the department of state tonight. thanks. he stopped murdering his people for oa moment to give a speech. global backlash after a rare public speech by the syrian president bashar assad his first since june. yesterday he laid out what he called a peace plan which included new constitution and a, quote: national reconciliation conference. at the same time the syrian president urged his supporters not to give up the fight against the rebel forces whom he called murderous criminals. hello mirror. the secretary general is disappointed bashar assad has no plan at all to i understand the suffering of syria's men women and children. the civil war has killed more

than 60,000 people since it broke out nearly two years ago. the chief fox report correspondent jonathan hunt is with us. jonathan, some the rhetoric from assad just astounding and some response from the united states. >> yeah. the same thing we have heard again and again it appears to be groundhog day in both damascus and washington. president assad talking once again about the way he says he is committed to what he calls a national dialogue but at the same time condemning anyone who fights his regime as either a terrorist or a criminal. officials here in the u.s. condemning that kind of rhetoric but refusing to consider at the moment any change in policy. despite the fact that the number of syrians killed in this civil war is now estimated at something like 60,000. listen to victoria new land here. >> i don't want to get into a numbers game. it is a horrible, brutal tragedy that is going none syria. it is the assad regime that bears fundamental

responsibility which speaks to the completely callus attitude that he took in this speech just completely ignoring the pocket that at any moment he could silence his own guns. >> and clearly there is no chance at all that president assad is about to silence his own guns, shep. >> as part of this, the israelis, they are in the middle of an election season so there is that. but they are constructing or netanyahu says they are going to construct a fence along the syrian border. >> yeah, remember israel has a northeastern border with syria. along the area known as the go alan heights. prime minister netanyahu says he is very concerned about the number of radical islamists said to be fighting in syria and chances for them obviously to infiltrate israeli territory from that northeastern border. he says they will build a fence. turkey, of course, north of syria, also has great concerns about violent spillover. patriot missiles given to the turks by nato are beginning to arrive there along with troops and other equipment from other

nato countries and the united states. so, great concerns still, shep, among all the countries in the region that this could become a regional conflict. >> concerns all over the place. jonathan hunt, thank you. the pakistani man accused to bomb the new york subway system made a court appearance in brooklyn. british officials extradited this guy a 26-year-old to the united states. federal prosecutors say he took part in an international terror scheme to set off explosives in new york and a shopping center in the north of england plus in norway. today he pleaded not guilty. here is rick leventhal. the arraignment took place after 2:00 p.m. that's when we got our first look at the 26-year-old pakistani who moved to the u.k. on a student visa. entered court with short black hair, a long beard a light blue t-shirt, black pants and dark running shoes. he wasn't cuffed but held his hands behind his back the entire time.

greeted by the judge nasir said good afternoon and his public defender did the rest of the talking. pleading not guilty to all charges requesting 8 weeks until the next court appearance which is now set for thursday, march 7th. nasir was first arrested in the u.k. in 2008 in connection with a failed plot to bomb a shopping center in manchester. he was released but rearrested in connection with a failed suicide bombing attack on the new york city subway system. and was extradited to the u.s. last week. he is the 8th defendant to appear here in brooklyn in connection with that subway case. and there was heavy security outside the courthouse in the hours leading up to his appearance. you may recall the man who played guilty to his role in that subway plot. they were in contact with a shadowing al qaeda leader in pakistan known as ahmad. both using terms like wedding and marriage to refer to upcoming attacks. writing for example, the marriage is ready to suggest that they were ready to strike. naseer faces charges including

providing material support to al qaeda and faces years in prison if convicted. >> shepard: the former president george h.w. bush is still in the hospital tonight. he is recovering but still no timetable for getting out of there. that's according to his spokesman. the former president bush 41 has been in the hospital since november, the day after thanksgiving for treatment of a bronchitis-related cough. he was later placed in intensive care tore nagging fever. he has since transferred to a hospital room. the spokesman said president bush the 41st is getting better and quote in recent days has taken great pride watching big football wins by texas a&m and the houston texans. while no immediate time line has been set for the president's discharge, the bushes wish to thank everyone for their many kind messages. president obama promised a new look at gun laws following the shooting at connecticut.

what it may mean for anybody who wants to own a gun. a lottery winner chicago comes forward to claim his prize win day later is he dead. and now months after, calling it a natural death, investigators are changing their story in a huge way. that's next. we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy?

maybe you want to incorporate a business. orrotect your family with a will or living trust. and you'd like the help of an attorney. at legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. get started at legalzoom.com today. and now you're protected.

>> shepard: gun control laws, they are just one part of the white house's broad approach to gun control. that's what a senior administration official is now telling fox news the president has asked vice president joe biden to take charge of a white house task force to curb gun violence. we expect to hear his recommendations later next month. likely include all gun buyers to submit to background checks and creating a national data base to track gun sales. president obama also urged congress to vote on a measure reinstating the nationwide ban

on assault weapons. get the rest of this from mike emanuel who is in d.c. tonight. what are we hearing from supporters of the gun control action. they support the public has had it. enough is enough after seeing precious little victims in new town, connecticut. the time to make it happen is now. people won't tolerate it one in oregon, wisconsin, connecticut, almost monthly. we will not allow and the public will not allow the new normal to be mass shootings every month. >> fellow new york senator kristen gillibrand said this is an issue all americans support it is possible to support the second amendment and want to reduce gun violence. >> shepard: republicans have slow walked legislation like this in an effort to well, get public opinion away from it. it sounds like that's what's happening now? >> right a the top senate republican senator mitch mcconnell says governor spending and the nation's

depth debt are the biggest problem right now. mcconnell says those issues are going to dominate congress between now and the end of march. several newly elected senators expressed these concerns. >> you need to put everything on the table. but what i hear from the administration and if the "the washington post" is to be believed, that's way -- way in extreme of what i think is necessary or even should be talked about. and it's not going to pass. >> i don't think the federal government has any business having a list of law abiding citizens who choose to exercise their right to keep and bare arms. >> a house republican leadership aide says jobs would be another key issue at the top of the congressional agenda. shep? >> shepard: mike emanuel in washington tonight. thanks. a lotto winner dropped dead one day after he claimed his prize. and now investigators in chicago say somebody actually poisoned him with cyanide. here is the victim with that winning ticket back in july. he won about 425,000 bucks after taxes. but he died before he could spend a dime of it it a medical examiner first ruled it a natural death but the

relatives pressed cops to dig deeper and investigators then found deadly levels of cyanide in his system. they say detectives will likely dig up the victim's body to search for clues. a moyer in cabs said she and her partner did not rush into things when they arranged to find a sperm donor online. now that donor may have to pay up for child support. >> we are trying to do the best we can do for our kids. it wasn't a decision we made like overnight or in haste. there were lots of conversations between us. >> in fact, they say that donor signed away his parental rights and responsibilities. but according to the state of kansas, that man is considered the father. because he and the couple did not perform that procedure through a doctor. the women say they looked online after a, quote, uncomfortable meeting with a family practitioner. kansas' department for children and families stood by its argument in a court filing

last week. crews evacuate customers as a massive fire engulfs a five story shopping center and that tops our news around the world in 80 seconds. china. it broke out this morning in a northeastern province, flames reportedly spread more than 100 square feet in just a few hours. nobody hurt. officials say a welding accident may have caused it. turkey, a coal mine blast killed at least 8 workers in the north. state media report the miners had been trying to reach a deposit when a methane gas explosion hit them. coal dust reportedly blanketed the mine. seven miners made it to safety. one of them slightly hurt. lebanon. days of heavy rains and winds triggered deadly flooding and toppled trees in several parts of the country. at least two people died when

high waters swept through a camp in the south. the storms also caused blackouts and traffic jams. first alert forecasters called for more rain over the next few days. australia, pilot training with chinese airline made emergency landing after one of his plane's wheels fell off in mid-air. he was alone in the plane when it happened. circled the airport five hours to burn off extra fuel. air traffic controllers helped guide the landing. the plane spun off the runway. no one hurt. that's a wrap on this fox trip around the world in 80 seconds. another fight in congress this time over the debt ceiling. both the white house and the republicans in congress are digging their heels in raising the threat of another government shutdown. we will get a live report from washington next. plus, seems kids these days have pretty high opinions of themselves according to findings of a new study. the research suggests they could be in for a bit of a

disappointment. you ain't all that. et frequent n come between us and what we love. so if you're one of them people who gets heartburn and en treats day after day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] one pill each morning. 24 hours. zero hearurn. but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands?

[ voice of dennis ] indeed. isurprise...it's eating less. to losing weight. i'm hungry just thinking about it. thank goodness for new slimful. one delicious, 90-calorie slimful and a glass of water, like before dinner, helps keep me satisfied for hours. so instead of this much, i only need this much. and slimful tastso good... i don't even miss dessert. slimful and a glass of water... eating less is a beautiful thing.

>> shepard: the president says he will not negotiate with republicans at all about raising the nation's debt ceiling. the feds predict we will not be able to pay our bills about two months from now. but some republicans say they are willing to let the government partially shut down if new spending cuts are not part of the deal. all of this just a week after the fiscal cliff fiasco. shannon bream in washington tonight. here we go again. what are we getting in the way of an inside look at the fiscal cliff talks? >> well, shep, in a wide ranging interview with the "wall street journal" house speaker john boehner talked about what really happened a couple weeks ago. quote one week several weeks ago the president said to me we don't have a spending

problem. he said he was stunned and continued to press the point and said the president then told him quote i'm getting tired of hearing you say that boehner also says he will no longer do closed door one-on-one talks with mr. obama calling them futile. response to the boehner claims and so far shep we have not gotten one. >> we got tax increases on some americans and it sounds like there may be more to come? >> depends on whom you ask. here is senate minority leader republican mitch mcconnell. >> the tax issue is finished, over, completed. that's behind us. now the question is what are we going to do about the biggest problem confronting our country and our future and that's our spending addiction. it's time to confront it. >> but when it comes to increasing tax revenue again, house minority leader democrat nancy pelosi says this. quote: i'm saying that's not off the table, put it all on the table and see what is working. as you mentioned, the measures right now in place to keep the u.s. from defaulting on financial obligations and

those automatic sequester cuts are both set to hit around march 1st if these negotiations can't be worked out. stand by. shep? >> shepard: shannon bream on capitol hill. shannon. college kids love themselves lots. more and more college students are saying they are the best of the best in a trend that's been going in the upward direction in the decades. based on annual survey of their personal opinions. it shows nearly 75% of college freshman say they are above average in their abilities and their drive for success. that's a jump from 60% nearly a half century ago. of course not all of the 60 to 75% students can actually be above average. more freshman say they are talented writers even though test scores show writing ability has gone down in a big way. and according to the different -- to a different study. almost a quarter of students now show personalities leaning towards narcissism. researchers blame factors like parenting styles and the influence of shocial media a

veteran and his wife say they exchanged hundreds of letters during world war ii and saved them. only for somebody to steal them from heir home. half century this couple got biggest surprise for their 70th wedding anniversary. that's coming up on route to mr. will. what are you doing?

nothing. are you stealing our daughter's school supplies and taking them to work? no, i was just looking for my stapler and my... this thing. i save money by using fedex ground and buy my own supplies. that's a great idea. i'm going to go... we got clients in today. [ male announcer ] save on ground shipping at fedex office. i took theraflu, but i still have this cough. [ male announcer ] truth is theraflu doesn't treat your cough. what? [ male announcer ] alka-seltzer plus severe cold and flu fights your worst flu symptoms, plus that cough.

[ sighs ] thanks!... [ male annouer ] you're welcome. that's the cold truth! by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. >> guards say they detained a cat a cats that was trying to smuggle a saw, drill bits, cell phone and batteries into a prison. it happened in brazil around new year's day they tell us. the guards say they caught said cat at the gate after they noticed someone had wrapped it in tape. the prison spokesman says it's tough to find out who is responsible as the cat doesn't speak. officials say the cat does not face any charges, that they consider all 263 prison inmates suspects. emotional delivery for a married couple in california.

they got hundreds of love letters. letters somebody stole from their 40 years ago. the couples say they wrote to each other while the husband served in world war ii. they saved all the notes at their home and then a robber took them in the 1960's, the letters somehow ended up with a stamp collector who later died and recently his son tracked down the husband through his military service number and returned the letters. >> it just brings back all those memories and the attention and not knowing. >> if the lord leaves us enough time we might read them all. >> the couples got them back just before they celebrated their 70th wedding anniversary last week. before we go, our team's top five things of the day. number five, the limited number of $60 particulars to president obama's inaugural ball accidently went on sale a day early and quickly sold out online. no more for you. sorry. number four, president obama

set to host the afghan president harmid karzai just a little while ago we learned it will happen friday at the white house. they will discuss the u.s. transition in afghanistan. president obama expected to soon decide what the u.s. role in afghanistan will actually be after 2014. number 3. ten banks have agreed to pay homeowners a combined $8.5 billion. to settle accusations of improper foreclosures. the deal could compensate hundreds of thousands of americans whose homes were seized because of abuses such as robo signing. number 2, a cop in court described trying to save people as they lay pleading and dying during the the killer did not appear to show any emotion. number one, president obama urging the that the to confirm his picks for defense secretary and for cia director. early reaction suggests there will be resistance. and that's "the fox report's" top five.